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Rockaway Valley Regional Sewerage Auth. v. Gorsuch

ELR Citation: 11 ELR 21101
Nos. No. 81-2721, (D.N.J., 09/11/1981) Denying preliminary injunction

The district court denies plaintiff's application for preliminary relief restraining defendants from issuing federal construction grant awards to other New Jersey sewage treatment projects that would reduce the available share of such funds to less than $44 million. Plaintiff seeks a $44 million construction grant out of fiscal year (FY) 1981 funds, which is conditioned upon state certification that plaintiff's facility is entitled to priority for FY 1981, for completion of a wastewater treatment facility. The court denies preliminary relief because (1) plaintiff has not demonstrated a likelihood of success on the merits, (2) the judicial branch cannot order the appropriation of additional funds for federal grants, (3) granting plaintiff's application would result in the disruption of other projects and therefors is not in the public interest, and (4) the denial of preliminary relief to plaintiff by a New Jersey state court is entitled to great deference.

[The pleadings in this case are summarized at ELR PEND. LIT. 65715, 65720; a subsequent opinion is reported at 11 ELR 21101 — Ed.]

Counsel for Plaintiff
Joseph J. Maraziti Jr.
Maraziti, Kalish & Gregory
65 Madison Ave., Morristown NJ 07960
(201) 538-1221

Counsel for Defendants
Nancy Bryson
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-3767

James R. Zazzali, Attorney General; Paul H. Schneider
36 W. State St., Trenton NJ 08625
(201) 929-8662